Such cases tried by the Second Intermediate People's Court in the past five years show that half of the disputes are because the training institutions are "unreliable"; In more than 90% cases, students pay before class. The court advised parents to carefully check the relevant terms when signing the contract.
The risk of sports training disputes is high.
The Second Intermediate People's Court informed that in the past five years, the Second Intermediate People's Court * * * tried 8 cases involving minor education and training contract disputes 18. According to statistics, 80% of minors involved in the case are concentrated in kindergartens and primary schools, and all cases are students suing education and training institutions. In 94% of the disputes, most of them are students who purchase the corresponding courses in advance, and then the institutions fulfill their training obligations.
18 cases, 9 cases were due to "unreliable" training institutions and improper contract performance, including irregular operation, unauthorized closure or change of location without consultation. At the same time, there are 7 cases of disputes, because students think that the teaching quality and training conditions are not in conformity with the contract, and the prosecution is required to be revoked. In addition, because of the high risk of sports training disputes, two cases of termination of contracts were filed because minors were injured during training.
The court sorted out the cases and found that most of the training institutions involved were small and medium-sized training institutions with a registered capital of less than 500,000 yuan. Training programs involve English, dance, martial arts, swimming, football, skating and other forms. Among them, extracurricular knowledge training such as English and Olympic Mathematics accounts for1.1%,skills training such as photography and martial arts accounts for 22.2%, and sports training such as football and skating accounts for 66.7%.
In dispute cases, most education and training institutions close their doors or change the way of contract performance without authorization. Some training institutions are not standardized in operation. After the injury accident, managers pass the buck to each other, and it is difficult to determine the responsible person.
According to the judge, in addition to the breach of contract by training institutions, unilateral breach of contract by students after "impulsive consumption" also occurs from time to time. Judging from the verdict, 83.3% of the students supported the application to terminate the contract and return the price.
The court suggested that we should be vigilant when the word "package" appears.
The judge suggested that education and training institutions, as service providers, should strengthen daily school running and internal management, improve industry self-discipline and create a healthy business environment. The training institution shall conclude a written contract with the trainees, and the terms of the contract shall be as clear as possible to avoid disputes arising from vague terms in the contract.
Because minors are lively and active, they are prone to injury accidents in physical training, especially in children's training programs. Education and training institutions shall take various safety protection measures to prevent accidents and disputes.
For students and parents, the judge suggested that the relevant clauses of the contract should be carefully examined when signing the contract, and ambiguous sentences should be fully explained by the institution. For example, the words "outsourcing" and "overseas famous teachers" should be clearly stated by the training institution and implemented in the contract terms if necessary. Need to know the duration of class, the concept of tuition, whether to buy additional equipment.
Before signing the contract, students and parents should review the training institution and ask it to show its business license, school license, teacher qualification certificate and related authorization procedures. If you are dissatisfied with the training course or the training plan changes, you should negotiate with the training institution in time to adjust the contract performance mode reasonably to avoid disputes. If you think that education and training institutions do have malicious breach of contract or improper operation, you can complain to the competent departments of education and training institutions, such as industry and commerce, education and other departments. If education and training institutions have been involved in fraud, students as consumers can report to the industrial and commercial departments and consumer associations.
In case of disputes, students should pay attention to keep written materials, such as training contracts and payment vouchers, course settings, chat records such as SMS or WeChat communicated with training institutions and personnel, and be able to record and record videos as much as possible.
Case 1
7-year-old girl paralyzed by dancing? Educational institutions compensated 6.5438+0.75 million.
Xiaoxi, a 7-year-old girl, participated in dance training in a dance center in Beijing. When she was doing lower back movements, she suddenly felt numb and weak in her lower limbs. After about ten minutes, her back began to ache.
After identification, there is a causal relationship between Xiaoxi's dance movements in the dance center and the current illness, and Xiaoxi constitutes a secondary disability.
The presiding judge said that Xiaoxi's bending action is dangerous to some extent, and the dance center should make it clear that there are risky dance moves involved in teaching and do its duty to protect students. "Xiaoxi was basically paralyzed after the accident. The reason should be that the stretching and warm-up exercises were not done before the back training, which led to the accident. "
The court held that the dance center advocated that Xiaoxi should fulfill his educational management responsibility, and the basis was insufficient and it was not adopted. The dance center is at fault and should bear the main tort liability. Xiaoxi's guardian should foresee the possible dangers when doing risky dance moves for his children, and Xiaoxi's guardian should also bear certain responsibilities for this.
In the end, the court ruled that the Dance Center should bear 60% of the liability for compensation, and compensate Xiaoxi for economic losses such as medical expenses, disability compensation and rehabilitation fees1750,000 yuan.
For parents, the judge suggested that when choosing counseling institutions, we should not only pay attention to the quality of teaching, but also investigate the teaching environment and safety problems of counseling institutions in depth and seriously, and put the safety of children first. Keep relevant payment evidence and medical bills. When paying training and teaching fees, you should ask for invoices and keep them properly, and keep relevant medical certificates after injury.
Case 2
The management of informal custody classes is chaotic and it is difficult to get compensation.
Because his parents were busy at work, Xiao Wang went to a trusteeship class in Beijing during the holiday, and broke his left humeral lateral condyle because of fighting with others.
The transcript of the police station's inquiry showed that the incident occurred in the custody class, and the child was sent to the hospital and called the police when the parents came to pick him up. At that time, the teacher did not see the incident; "The child himself said that Jingjing, a classmate in custody, hit him, but the teachers didn't have the phone number of Jingjing's parents, so the police couldn't contact him."
Xiao Wang's family appealed to the court and demanded that Liu and Lin, the founders of the custody class, bear the corresponding liability for compensation. During the trial, both of them denied that the custody class was set up by themselves, only that the contractor was a company registered by the other defendant and did not agree to bear the liability for compensation.
The court held that the custody class was a private non-academic education and training institution, but it was not filed with the Education Commission. From the perspective of housing, the housing lease agreement is signed in the name of an individual, and the rent is paid in the name of an individual; From the perspective of teacher management, the teacher of the incident student did not apply for social insurance and did not have a corresponding labor contract. Wages are paid through personal accounts. The business scope of the companies established by Liu and Lin respectively does not involve education and training.
In this case, except for a few minors, there was no teacher to watch the scene at the time of the incident, and no fighting was seen and stopped in time; After the incident, the teacher found Xiao Wang kneeling on the ground, did not ask in detail, and did not know Xiao Wang's injury, which led to Xiao Wang not seeing a doctor for the first time after the injury.
In addition, the trusteeship class failed to submit evidence to prove that it had fulfilled its educational management responsibilities; Due to loose and chaotic management, Jingjing's contact information can't be provided. Therefore, Liu and Lin should be identified as the main body of the custody class and bear the main compensation responsibility for this injury, and the specific proportion should be 70%.
Finally, the court ruled that Lin and Liu compensated Xiao Wang for various economic losses totaling more than 90,000 yuan.
The court suggested that parents should try their best to choose an accredited formal consultation institution. Before sending children to a consulting institution, it is necessary to verify whether the consulting institution has a business license and a school license. In the event of a personal injury dispute, ensure that there is a clear litigation subject when suing; During the trial, most formal counseling institutions will not evade litigation; There is a clear object of execution when executing, which is convenient to seal up the property of the executed person and is conducive to safeguarding the legitimate rights and interests of minors and their parents.